[Code of Federal Regulations]

[Title 43, Volume 2]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR2812.3-1]



[Page 269]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR

 

PART 2810_TRAMROADS AND LOGGING ROADS--Table of Contents

 

         Subpart 2812_Over O. and C. and Coos Bay Revested Lands

 

Sec.  2812.3-1  Rights over lands controlled by applicant.



    Where, in the judgment of the authorized officer, it appears 

necessary in order to carry out the policy set forth in Sec.  2812.0-6, 

he may require the applicant, as a condition precedent to the issuance 

of the permit:

    (a) To grant to the United States, for use by it and its licensees 

and permittees, rights-of-way across lands in the O. and C. area 

directly controlled by the applicant; and as to lands in such area which 

are indirectly controlled by him, either to obtain such rights for the 

United States or to make a showing satisfactory to the authorized 

officer that he has negotiated therefor in good faith and to waive as to 

the United States, its licensees and permittees any exclusive or 

restricted right he may have to such lands as are indirectly controlled 

by him.

    (b) In addition, to agree to permit the United States and its 

licensees, upon the payment of fair compensation as hereinafter 

provided, to use under the terms and conditions of this paragraph such 

portion as the applicant directly controls of the road system and 

rights-of-way which are an integral part of or may be added to the road 

system with which the right-of-way applied for will connect, and as to 

the portions of such road system or rights-of-way as the applicant 

indirectly controls, either to obtain such rights for the United States 

and its licensees or to make a showing satisfactory to the authorized 

officer that he has negotiated therefor in good faith and, in such 

latter circumstance, to waive as to the United States and its licensees 

any exclusive or restricted right he may have in such portion of the 

road system and rights-of-way.